Domestic Violence

AZ - Domestic Violence - Chapter 36. Family Offenses.

Summary: This Arizona law provides that, if a court issues an order of protection, the court may grant the petitioner the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the petitioner, the respondent or a minor child residing in the residence or household of the petitioner or the respondent, and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of section 13- 2910 or otherwise disposing of the animal (see (G)(7)).

This Arizona law provides that, if a court issues an order of protection, the court may grant the petitioner the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the petitioner, the respondent or a minor child residing in the residence or household of the petitioner or the respondent, and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of section 13- 2910 or otherwise disposing of the animal (see (G)(7)).

AR - Domestic Violence - Chapter 15. Domestic Abuse

Summary: Upon a finding of domestic abuse, a court may "[d]irect the care, custody, or control of any pet. owned, possessed, leased, kept, or held by either party residing in the household" in an order for protection filed by a petitioner. Arkansas also defines emotional abuse to include harming a spouse's pet in its Spousal Safety Plan Act; emotional abuse, if committed by a spouse against their spouse, also constitutes spousal abuse.

Upon a finding of domestic abuse, a court may "[d]irect the care, custody, or control of any pet. owned, possessed, leased, kept, or held by either party residing in the household" in an order for protection filed by a petitioner. Arkansas also defines emotional abuse to include harming a spouse's pet in its Spousal Safety Plan Act; emotional abuse, if committed by a spouse against their spouse, also constitutes spousal abuse.

Sample California Criminal Protection Order for Domestic Violence

Summary:

On January 1, 2009, this new protective order will be in effect in the State of California. This revised protective order includes Section 5, "For good cause shown, the court grants the protected persons named above the exclusive care, possession, and control of the following animals."

On January 1, 2009, this new protective order will be in effect in the State of California. This revised protective order includes Section 5, "For good cause shown, the court grants the protected persons named above the exclusive care, possession, and control of the following animals."

People v. Garcia

Summary:

In this New York case, the court, as a matter of first impression, considered the scope of the aggravated cruelty law (§ 353-a(1)) in its application to a pet goldfish.  Defendant argued that a goldfish should not be included within the definition of companion animal under the statute because there is "no reciprocity in affection" similar to other companion animals like cats or dogs.  In finding that the statute did not limit the definition as such, the court held that defendant's intentional stomping to death of a child's pet goldfish fell within the ambit of the statute.  Accordingly, the judgment of the Supreme Court, New York County that convicted defendant of attempted assault in the second degree, criminal possession of a weapon in the third degree, criminal mischief in the third degree, assault in the third degree (three counts), endangering the welfare of a child (three counts), and aggravated cruelty to animals in violation of Agriculture and Markets Law § 353-a(1) was affirmed.

In this New York case, the court, as a matter of first impression, considered the scope of the aggravated cruelty law (§ 353-a(1)) in its application to a pet goldfish.  Defendant argued that a goldfish should not be included within the definition of companion animal under the statute because there is "no reciprocity in affection" similar to other companion animals like cats or dogs.  In finding that the statute did not limit the definition as such, the court held that defendant's intentional stomping to death of a child's pet goldfish fell within the ambit of the statute.  Accordingly, the judgment of the Supreme Court, New York County that convicted defendant of attempted assault in the second degree, criminal possession of a weapon in the third degree, criminal mischief in the third degree, assault in the third degree (three counts), endangering the welfare of a child (three counts), and aggravated cruelty to animals in violation of Agriculture and Markets Law § 353-a(1) was affirmed.

Placey v. Placey

Summary:

The appellate court held that the Protection from Abuse Act authorized the trial court to determine and award ownership of Preston the dog in a domestic violence dispute between a mother and daughter. It then awarded ownership rights to the mother because took better care of the Preston and it was in his best interest.

The appellate court held that the Protection from Abuse Act authorized the trial court to determine and award ownership of Preston the dog in a domestic violence dispute between a mother and daughter. It then awarded ownership rights to the mother because took better care of the Preston and it was in his best interest.

Brief Summary of the Cycle of Domestic Violence and Animal Abuse

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Summary:

This article provides a short summary of the link between animal abuse and domestic abuse. It discusses the connection between the two and the steps that are being taken to break the cycle.

This article provides a short summary of the link between animal abuse and domestic abuse. It discusses the connection between the two and the steps that are being taken to break the cycle.

Domestic Violence and Pets: List of States that Include Pets in Protection Orders

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Summary: This document lists the states that include pets in domestic violence protection orders with links to the actual statutes. As of 2024, 36 states as well as D.C. and Puerto Rico have enacted such laws. Also, see the Map of Pets in Domestic Violence Orders linked below.

This document lists the states that include pets in domestic violence protection orders with links to the actual statutes. As of 2024, 36 states as well as D.C. and Puerto Rico have enacted such laws. Also, see the Map of Pets in Domestic Violence Orders linked below.

Overview of the Cycle of Domestic Violence and Animal Abuse

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Summary:

This summary explores the link between domestic violence and animal abuse. It explains the threats that animals in domestic violence situations face. Some states allow animals to be included in protection orders and several others have initiated bills in their legislatures.

This summary explores the link between domestic violence and animal abuse. It explains the threats that animals in domestic violence situations face. Some states allow animals to be included in protection orders and several others have initiated bills in their legislatures.

Detailed Discussion - Protecting Animals: Domestic Abuse and Animal Abuse Linked

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Summary:

This is a detailed discussion of the connection between Domestic Abuse and Animal Abuse. This article explores how abusers use animals as a means of control and the problems that victims face when leaving a domestic violence situation with an animal. A few states allow a victim to include their animals in the protection order, and several other states are introducing similar legislation.

This is a detailed discussion of the connection between Domestic Abuse and Animal Abuse. This article explores how abusers use animals as a means of control and the problems that victims face when leaving a domestic violence situation with an animal. A few states allow a victim to include their animals in the protection order, and several other states are introducing similar legislation.

Linking Domestic Violence, Child Abuse, and Animal Cruelty

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Summary:

Ms. Schaffner gives an overview of the connection between Domestic Violence, Child Abuse, and Animal Cruelty. She explains that there is a cycle of abuse, and gives suggestions on efforts to break this cycle.

Ms. Schaffner gives an overview of the connection between Domestic Violence, Child Abuse, and Animal Cruelty. She explains that there is a cycle of abuse, and gives suggestions on efforts to break this cycle.